3 Simple Steps to Master Your Cryptocurrency Audit

  1. Arrange a confidential consultation with our highly experienced cryptocurrency tax attorneys
  2. Provide your records so we can formulate your custom audit plan
  3. We represent you to the audit examiner and negotiate on your behalf; you don’t have to deal with the IRS at all!
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Don’t become another statistic.

Let’s admit it, taxes are complex. And the IRS often exploits the lack of legal knowledge of everyday people to extract more money from an audit.

But here’s the encouraging news: You have the right to hire an attorney who can negotiate with the IRS, prevent the audit from escalating, and potentially reduce your bill by thousands or even millions of dollars.

Let's Guard Your Audit

"IRS audits don’t always have to be burdensome. During one cryptocurrency audit, we corrected our client’s tax calculations, resulting in a refund of $61,405!"

IRS Audit with $60,000 Refund

What happens if you owe a significant tax amount from capital gains, but your portfolio decreases and you can’t afford to pay? That’s precisely what happened to one of our clients. Using an Offer in Compromise, we reduced his tax debt by $1.2 million!

$1.2M Reduction in Tax Debt

Our client hadn’t reported decentralized exchanges on their taxes, and they were facing an IRS audit. By effectively managing the audit process, we helped them avoid $44,410 in additional tax assessments.

DeFi Audit

Our client received an IRS CP2000 notice claiming he owed more than $30,000—however, these notices are known for being inaccurate. With precise accounting, we demonstrated that the IRS actually owed HIM $400!

Refund After IRS Notice

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Crypto Audits

Here are the most crucial things to know if you’re undergoing a cryptocurrency audit.

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How a cryptocurrency audit works

Whether you’re being audited due to your crypto, or your investments simply complicate the process, the goal is to verify that you filed your tax returns correctly and paid the correct amount.

Here’s how the cryptocurrency audit process works:

  • The IRS will request records to support the information on your tax returns. This can include paychecks, bank statements, and receipts for any expenses you claimed.
  • In the case of a cryptocurrency audit, you will also need a detailed report of your trading history for the years in question.
  • The audit examiner’s primary goal is to determine whether you reported correctly and paid the right amount in taxes.
  • At the end of your audit, they will evaluate the amount owed. Collections won’t begin promptly, and you have the option to appeal. 
  • If, during your crypto audit, the IRS finds reason to believe you intentionally tried to hide funds or otherwise commit a tax crime, they may refer the case to the Criminal Investigations Division or the Department of Justice for prosecution.

Why was I selected for a crypto tax audit?

Common triggers for a cryptocurrency audit include:

  • Failing to report crypto on your tax return
  • Omitting certain exchanges or wallets from your return
  • Miscalculating your capital gains or ordinary income

Many digital asset exchanges report some information about your activity to the IRS. If your tax return doesn’t match, you could be flagged. This is true even if you lost money or gained minimal profits.

Once the IRS starts receiving Form 1099-DA from crypto exchanges, we anticipate that cryptocurrency audits will surge.

How far back will my cryptocurrency audit go?

A standard audit covers your last 3 years of tax returns. However, during the audit process, if the IRS finds reason to believe you’ve underreported by at least 25%, they can go back 6 years.

If you’ve held crypto for several years and haven’t always reported it properly, there’s a good chance of this occurring to you.

For instance, let’s say you’re facing a crypto audit covering the years of 2017, 2018, and 2019. When the IRS examiner reviews your records for 2017, they notice that some coins were sold. They inquire when you first acquired those coins, and you tell them you purchased the coins in 2014. 

If you didn’t report any cryptocurrency before 2017, the IRS examiner might now have reason to believe that you’ve significantly underreported your taxable income. The years of 2014, 2015, and 2016 may then be opened to an audit as well.

If the IRS believes you’ve committed tax fraud, there is no statute of limitations for the audit. They can examine as far back as they want in that case.

Why you need an experienced professional for your cryptocurrency audit

As we mentioned above, most IRS examiners don’t even comprehend what Bitcoin is—let alone how it should be reported. You need a tax lawyer on your team who:

  • Knows how to navigate the audit process
  • Can build an accurate crypto tax report (even if you’ve lost keys or used a now-obsolete exchange)
  • Knows digital asset tax law inside and out to defend your reporting methods

A crypto tax report is a detailed accounting of every single trade—including timestamps of when you bought and sold, the initial amount you spent on the coin, and how much you sold it for. This information is used to calculate your capital gain or loss for each transaction. 

There are additional factors to consider, too: Long-term gains and short-term gains are taxed at different rates. Some crypto is counted as income and must be reported separately. 

Building a proper crypto tax report can be a meticulous, time-consuming process. Do not assume the IRS will put in the effort to calculate the correct amount owed for you!

We’ve assisted hundreds of clients in creating crypto tax reports for past years, even if they don’t have complete records or have lost access to old wallets. We know the law thoroughly, so we can create crypto tax reports that stand up to the most rigorous IRS examination.

After the audit: Paying your crypto tax bill

Many of our crypto clients haven’t reported because they fear they won’t be able to pay the taxes they owe on crypto gains.

What most people don’t realize is that the audit process is solely concerned with calculating the amount you owe. You do not have to pay your full tax bill immediately after the cryptocurrency audit concludes. 

You can create a payment plan with the IRS. There’s almost always a payment plan or resolution option that suits our clients and satisfies the IRS.

You can even appeal your crypto audit results! Our tax attorneys are licensed in US Tax Court, so we can appeal your audit decision to the highest levels.

Received notice of a cryptocurrency audit? Concerned you might get into trouble because you haven’t fully reported your crypto in past years? We’re here to assist.

A crypto tax audit is similar to any other type of IRS audit—except your local IRS examiner might not have the slightest idea about cryptocurrency.

Virtual currency is taxed differently than fiat and requires meticulous calculations to report correctly. The IRS treats crypto as property, not currency, which means that mining, selling, exchanging, or spending your coins are all taxable events that require reporting.

Gain some insights on how cryptocurrency and Bitcoin taxes work if you need a refresher.

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